Smith v. . Starr
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of defendant entered upon an order dismissing plaintiff’s complaint. (Reported below, 4 Hun, 123.) The record contained no case or exceptions, but simply the judgment roll with notice of appeal to this court and copies of opinions.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of defendant entered upon an order dismissing plaintiff’s complaint. (Reported below, 4 Hun, 123.) The record contained no case or exceptions, but simply the judgment roll with notice of appeal to this court and copies of opinions. The judgment roll was composed of the pleadings, an order purporting to be of the Special Term which recited that the action had been brought to trial before the court without a jury, that a motion was made on the part of defendant to…
1Per curiam
The record in this case presents nothing for review. No case is made out, or appears to have been settled, or a single excejition to have been taken. The only evidence that a trial has taken place is an order purporting to have been made at Special Term, which recites that the action has been brought to trial, etc., and a motion made to dismiss the complaint, and directs that the same be dismissed with costs, unless the plaintiff moves to amend his complaint within ten days from the date of the service of a copy of the order.
There is also a notice of appeal from the order to the General Term,…
2Cases cited1 opinion
- Doty v. CarolusNew York Court of Appeals · 1865
3Cited by1 opinion
- Delano v. HarpNew York Supreme Court · 1885